Swift Sterling/speed credit threatening bailiffs Advice please!!!

[dx100uk]

post 42

 

dx

[sillygirl1]

You now complain about that text to the OFT and the FOS and Trading Standards

 

They CANNOT charge you as if you still have the loan, that is wrong, the original term has ended and any charges now shoul theoretically be at 8% per annum statutory interest.

 

They are having a laugh pretending they are 'fully compliant' when they are not. Goodness knows what T&CS they provided to the OFT to get a licence - certainly NOT the ones they are operating under.

[JohnBoy73]

Have you written to them with a repayment proposal yet?

 

Reading back I notice you are in receipt of benefits. If you haven't, i would reply in writing, stating that you are in receipt of benefits, in financial hardship and are therefore only in a position to pay £1pcm. Finish the letter by stating you will ONLY deal with this matter in writing.

 

You will get two responses.

 

1. It will be either ignored/rejected, in which case you just write again with the same offer.

2. They will consider your proposals but only on the basis that you supply them with your debit card information to set up the payments. NEVER do this. They'll just take whatever they want. ONLY ever use a standing order, or pre-loaded credit card.

 

Although nothing at all will happen if you ignored them, i think it's worth making a token offer of repayment, because in the hugely unlikely event of them taking you to court, you will be able to show that you were willing to tackle the debt, and they will have to explain the farcical fantasy land charges.

 

If they continue to text and phone, send them the telephone harassment template. There's one in the Templates library here, which quotes the relevant legislation. The law is there to protect you, so use against these clowns.

 

Other than this, I think the only other weapon up their sleeve is a letter which will threaten you with Police action as you have "fraudently taken out a loan" or something. Don't be intimidated in the slightest by it. It's verging on the comical.

 

Lastly, copy EVERY bit of correspondence to the OFT/FOS. You may also want to involve Stella Creasey MP who is apparently working on proposals to deal with these crooks.

[Hotlips85]

They won't send bailiffs. Just a threat ! x

[Sophia1205]

Hi guys

 

Have been following advice and complaint made to OFT. Also had some advice from CCCS who are willing to help me if I send back the paperwork - still trying to sort them out myself though. Anyhoo, just got this from Marshall Hoares:

 

PRE-VISIT Notice

 

Client: Speed Credit - Speed Credit Pay Day Loan*

Client Ref: ******

 

Amount: 639

 

Date: 07/05/2012

 

You have failed to make suitable repayment arrangements concerning the above arrears which remain outstanding.

 

Our recovery Agents will now visit your premises to arrange payment . This will involve a person visiting you to demand payment. Should the payment not be forthcoming, further visits will take place until we have payment in full. All visits may be chargeable.

 

You must make the IMMEDIATE FULL PAYMENT of all outstanding amounts (as shown above) to prevent this action from commencing or contact us to arrange a suitable repayment plan.

 

YOU HAVE 3 days FROM THE DATE STATED IN THIS NOTICE TO MAKE PAYMENT

NOTE: THIS IS YOUR FINAL CHANCE TO AVOID COURT ACTION. NO FURTHER WARNING WILL BE GIVEN

 

A fully prepared case will be sent to your local County Court for Judgment against you as well as agents instructed to your door. After a successful judgement we would seek a Warrant of Execution to seize goods and / or obtain an attachment of your earnings to have this debt deducted directly from your salary, this would require us to liase with your employer.

 

WE ADVISE YOU TO CONTACT US IMMEDIATELY on 08433811111

 

Yours Faithfully

 

 

 

Door Collections

Marshall Hoares Bailiffs

Telephone: 0843 381 1111

 

Should I still not be worried by this? (I am rather) Can anyone help me write an email to them? Can't help feeling like I should defend myself somehow - I don't want them saying "she never replied to our emails" to a court??

 

Advice please!!!

[renegadeimp]

Have a good read of http://www.consumeractiongroup.co.uk/forum/content.php?441-If-you-do-receive-a-doorstep-visit-we-give-these-suggestions-to-Members

 

And im pretty sure it was marshall hoares that ceased trading, otherwise it was a company with a very similar name.

 

 

 

Name & Registered Office:

MARSHALL HOARES BALIFFS LTD

15 LYNDHURST TERRACE

LONDON

NW3 5QA

Company No. 06871092

 

 

 

 

 

Status: Active

Date of Incorporation: 06/04/2009

 

Country of Origin: United Kingdom

Company Type: Private Limited Company

Nature of Business (SIC):

7499 - Non-trading company

Accounting Reference Date: 31/08

Last Accounts Made Up To: 31/08/2011 (DORMANT)

Next Accounts Due: 31/05/2013

Last Return Made Up To: 06/04/2011

Next Return Due: 04/05/2012 OVERDUE

Highlighted documents are not yet available for inspection

Last Members List: 06/04/2010

Previous Names:

Date of change Previous Name

08/02/2011 TOOTHFAIRY FINANCE (CHEQUE CASHING ) LIMITED

[dx100uk]

Hi guys

 

Have been following advice and complaint made to OFT. Also had some advice from CCCS who are willing to help me if I send back the paperwork - still trying to sort them out myself though. Anyhoo, just got this from Marshall Hoares:

 

PRE-VISIT Notice

 

Client: Speed Credit - Speed Credit Pay Day Loan*

Client Ref: ******

 

Amount: 639

 

Date: 07/05/2012

 

You have failed to make suitable repayment arrangements concerning the above arrears which remain outstanding.

 

Our recovery Agents will now visit your premises to arrange payment . This will involve a person visiting you to demand payment. Should the payment not be forthcoming, further visits will take place until we have payment in full. All visits may be chargeable.

 

You must make the IMMEDIATE FULL PAYMENT of all outstanding amounts (as shown above) to prevent this action from commencing or contact us to arrange a suitable repayment plan.

 

YOU HAVE 3 days FROM THE DATE STATED IN THIS NOTICE TO MAKE PAYMENT

NOTE: THIS IS YOUR FINAL CHANCE TO AVOID COURT ACTION. NO FURTHER WARNING WILL BE GIVEN

 

A fully prepared case will be sent to your local County Court for Judgment against you as well as agents instructed to your door. After a successful judgement we would seek a Warrant of Execution to seize goods and / or obtain an attachment of your earnings to have this debt deducted directly from your salary, this would require us to liase with your employer.

 

WE ADVISE YOU TO CONTACT US IMMEDIATELY on 08433811111

 

Yours Faithfully

 

 

 

Door Collections

Marshall Hoares Bailiffs

Telephone: 0843 381 1111

 

Should I still not be worried by this? (I am rather) Can anyone help me write an email to them? Can't help feeling like I should defend myself somehow - I don't want them saying "she never replied to our emails" to a court??

 

Advice please!!!

 

its a threat-o-gram and no doorstepper has ANY legal powers and NEITHER do the hoares even IF they do still exist

 

they a NOT operating under their bailliff role in this instance

 

dx

[sillygirl1]

Being Dormant doesn't mean they are not trading, it usually means that they are in some kind of changeover so it might be worth checking Companies House for any name change again.

 

Marshall Hoares may have registered bailiffs but these bailiffs are powerless when collecting common commercial debt, which is what a payday loan is. The bailiffs cannot use their bailiff powers unless a court order has been breached.

 

That message and any others you get (sounds like their standard countdown message) MUST go to the OFT.

[timeforachange]

its curious how you received the following breakdown

 

You currently owe:

 

Loan and interest GBP196

Cash Transmission Fee GBP 5

Missed Payment Fee 1 (day 29) GBP 10

Solicitors - Case Prepar ation GBP 150

Missed Payment Fee 2 (day 43) GBP 10

NDR Accept Case File GBP 200

 

Repayments todate GBP0

Total GBP 571

 

 

 

i likewise received this breakdown in the last few days. However i have made an extension payment of £48, i made a payment of £40 to avoid the extra charges and a token payment of £10 towards this balance yet they are still demanding the amount of £571 from me also. Seems a set amount they try to attain. you can see the issues im having in my thread i posted today giving me a nervous breakdown.

[renegadeimp]

£10 missed fee is classed as a penalty fee and is reclaimable.

 

Solicitors case preperation is classed as an unfair charge and is reclaimable. Same with NDR case file crap.

[renegadeimp]

its curious how you received the following breakdown

 

You currently owe:

 

Loan and interest GBP196

Cash Transmission Fee GBP 5

Missed Payment Fee 1 (day 29) GBP 10

Solicitors - Case Prepar ation GBP 150

Missed Payment Fee 2 (day 43) GBP 10

NDR Accept Case File GBP 200

 

Repayments todate GBP0

Total GBP 571

 

 

 

i likewise received this breakdown in the last few days. However i have made an extension payment of £48, i made a payment of £40 to avoid the extra charges and a token payment of £10 towards this balance yet they are still demanding the amount of £571 from me also. Seems a set amount they try to attain. you can see the issues im having in my thread i posted today giving me a nervous breakdown.

 

You are falling into their trap by worrying about it. They simply add on whatever charges they like and the uneducated debtors think that the fee's etc are legit. The educated people, such as people who visit sites like CAG, know they are fraudulant and thats why we advise people to ignore them and not give them a second thought.